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Patna High CourtCR. MISC./14114/2015dismissed

Md. Jabbar v. The State Of Bihar

2015-07-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14114 of 2015 Arising Out of PS.Case No. -84 Year- 2013 Thana -KUMARKHAND District- MADHEPURA ====================================================== Md. Jabbar, S/o Late Makbul Mian, R/o Village- Yajuapatti, P.S.- Kumarkhand, District- Madhepura .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 01-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, a habitual offender, has renewed his prayer for bail in Sessions Trial No. 29A/2014 arising out of Kumarkhand P.S. Case No. 84 of 2013 initially registered for the offences punishable under Section 147, 148, 149, 323, 324, 341 and 307 of the Indian Penal Code wherein Section 302 of the Indian Penal Code was also added during investigation. According to the prosecution case, the petitioner is alleged to have repeatedly assaulted the son of the informant with fersa as a result of which he died.

Having regard to the nature of allegation, the prayer

Patna High Court Cr.Misc. No.14114 of 2015 (3) dt.01-07-2015 2 / 2 for bail of the petitioner was earlier rejected by this Court vide order dated 23.09.2014 passed in Cr. Misc. No. 33889 of 2014. It has been contended that the case has already been committed to the Court of Sessions and the matter is pending before the sessions court.

Regard being had to the facts and circumstances of the case, I find no reason to take a different view of the matter. Accordingly, the application is dismissed.

The trial court is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J.) Sanjeet/- U T